Abstract

Exploring the landscape of climate law, this chapter identifies two emerging trends increasingly visible in climate law scholarship. The first relates to the multi-layered nature of climate law. Here, the chapter argues that our understanding of the complex web of legal norms that address climate change necessitates research that also takes into consideration interactions between various sources of legal authority in regulating climate change, including their hierarchies, synergies and tensions. In addition to benefitting those implementing climate law on the ground, such an approach makes it possible to analyse the global implications of climate law, including its effectiveness and the mutual supportiveness of its various layers. The second relates to deformalization of climate law; the expanding role of non-state actors, soft law instruments and informal collaboration in global efforts to address climate change. While climate law scholarship is increasingly paying attention to this phenomenon, this chapter argues that accounting for the role of non-state actors and voluntary regulatory initiatives involves some important doctrinal challenges, including how to avoid becoming overtly descriptive and retain a normative focus.

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Kati Kulovesi is Adjunct Professor in Climate Law. She holds a Ph.D. from the London School of Economics and Political Science. The author would like to thank Harro van Asselt, Tuomas Kuokkanen, Elisa Morgera, Michael Mehling and Tapio Määttä for their helpful comments on the manuscript. All mistakes and omissions remain my own responsibility.